The Finance Company PLC v. Jayakody Arachchige Don Thushara and others – SC C.H.C. APPEAL NO.05/2012-2017

In The Finance Company PLC v. Jayakody Arachchige Don Thushara and others, the Supreme Court addressed whether Section 88(1) of the Civil Procedure Code, which bars an appeal “against any judgment entered upon default,” also precludes a non-defaulting Plaintiff from appealing an ex parte judgment. It was held that Section 88(1) applies only to parties whose own default led to the ex parte judgment and does not preclude a Plaintiff, not in default, from appealing. The Court further considered whether the evidence regarding the sale of the leased motor vehicle was sufficient. The findings established that the Plaintiff’s evidence was adequate to substantiate the recovery claimed. The earlier dismissal by the trial judge on evidentiary grounds was set aside, and the Plaintiff was awarded the